Managing Attorney
Domestic violence allegations are serious, but when strangulation is involved, the stakes are even higher. In Texas, Assault-Family Violence (also known as domestic violence) is typically a Class A misdemeanor, but if strangulation is alleged, it is elevated to a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
Under Texas Penal Code 22.01(b)(2)(B), strangulation is defined as “impeding the normal breathing” by applying pressure to a person’s throat, neck, mouth, or nose. Prosecutors in Houston and throughout Texas aggressively pursue strangulation cases due to the perception that strangulation is a precursor to even more severe domestic violence. However, many allegations involve exaggerations, misinterpretations of injuries, or even false accusations motivated by revenge, custody disputes, or immigration benefits.
A skilled Houston domestic violence attorney can thoroughly investigate the case and present a strong defense.
The First Step: Uncovering the Evidence
The defense’s job starts with a thorough investigation. In Texas, prosecutors must turn over all evidence related to the case, including:
- Police reports
- 911 calls
- Body camera footage
- Medical records
- Strangulation supplements (a specialized report police use for choking claims)
- Witness statements
A defense attorney may also issue subpoenas to obtain additional evidence, such as prior police reports filed by the accuser, text messages, or surveillance footage.
Examining the Motive Behind the Accusation
Not every accusation is truthful. A major aspect of defending AFV Strangulation cases involves uncovering why the accusation was made in the first place.
- Revenge or Retaliation – If the alleged victim has a history of conflict with the defendant, there may be a personal vendetta behind the accusation.
- Custody or Divorce Battles – Allegations of domestic violence are sometimes made to gain an advantage in family court proceedings.
- Immigration Benefits (U-Visa Fraud) – Non-citizens who claim to be victims of violent crime may be eligible for a U-Visa, allowing them to stay in the U.S. legally. This can create a powerful incentive to fabricate or exaggerate claims.
A Houston domestic violence attorney will analyze past police reports, inconsistent statements, and communications between the parties to highlight possible ulterior motives.
Medical Evidence: Do the Injuries Match the Story?
Medical records can make or break a strangulation case. A prosecutor may claim that redness, bruising, or hoarseness proves an attack occurred. However, not all injuries indicate strangulation, and not all strangulation claims result in injuries.
A qualified medical expert, such as a forensic nurse, can be crucial in challenging the prosecution’s claims. The defense will examine:
- Whether injuries are consistent with strangulation or could have been caused by something else
- Whether there was a delay in seeking medical care
- Whether the medical findings were exaggerated or improperly documented
Challenging the Strangulation Supplement
In Texas, officers use a Strangulation Supplement when responding to AFV cases involving choking. While this document may seem like strong evidence, it is often completed with leading questions and based solely on the accuser’s word. A defense attorney will scrutinize how the report was completed, whether officers followed protocol, and whether the accuser’s responses were inconsistent with medical findings.
Witness Testimony: Who Really Saw What?
Many strangulation cases lack eyewitnesses, but witness testimony can still be useful. The defense can introduce:
- Independent Witnesses – Neighbors, friends, or family members who can testify about what they saw (or didn’t see).
- The Defendant’s Prior Interactions – Character witnesses who can discuss whether the accused has a history of violence or whether the alleged victim has a history of making false accusations.
- The Alleged Victim’s Own Statements – If the accuser told different stories to different people, those inconsistencies can damage their credibility.
How is Self-Defense Raised in Domestic Violence Cases?
Texas law allows a person to defend themselves against unlawful force—even if the attacker is a family member or partner. In some cases, a defendant may have been restraining the accuser to stop them from attacking first.
- Did the accuser have a history of violence?
- Was the defendant injured in the altercation?
- Were police biased in how they investigated the case?
A skilled Houston domestic violence attorney can present self-defense as a justification and challenge the prosecution’s claim that the defendant was the aggressor.
What Happens After an Arrest? Understanding Bond Conditions
Because AFV strangulation is a felony, judges will almost always impose strict bond conditions, including:
- No contact with the accuser
- Protective orders preventing the defendant from returning home
- GPS monitoring or travel restrictions
If these conditions negatively impact the defendant’s ability to work or see their children, a defense attorney can request a modification hearing to modify a protective order or other restrictions.
Beating the Charge: How AFV Strangulation Cases Are Won
There are three main ways to get a positive outcome in an AFV Strangulation case:
- Dismissal – If evidence is weak or unreliable, the defense can push for dismissal.
- Not Guilty Verdict – A strong defense strategy at trial can lead to an acquittal.
- Reduction to a Lesser Charge – In some cases, negotiating a plea to a misdemeanor (instead of a felony) can be a way to minimize the damage to a person’s record.
Because assault-family violence convictions cannot be sealed or expunged in Texas, the goal should always be to avoid a conviction entirely by getting the case dismissed or obtaining an acquittal at trial.
While prosecutors take strangulation cases seriously, a well-prepared defense can expose weaknesses, uncover false motives, and challenge the evidence. The key is early action, aggressive investigation, and strategic cross-examination. If you or someone you know has been accused of Assault-Family Violence Strangulation, hiring an experienced Houston domestic violence attorney is the first step in protecting your freedom and future.
Attorney Jose Ceja is a former prosecutor and is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Mr. Ceja is recognized as a Texas Super Lawyer and regularly achieves excellent results for clients accused of domestic violence in the Houston area. Call Ceja Law Firm today for a free consultation.
